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HomeMy WebLinkAboutResolution 1648 __� .a.._ -`. _, . ' � l C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1648 • • ' • • Granting A Variance to Municipal Zoning Code Sections 10.24, 10.22 and 10.03 - File 828 . Whereas, Larry Karkela (hereafter "applicant" ) has an interest in the property located at 4149 Highwood Road within the City of Orono (hereinafter "City" ) and legally described as Highwood Lake Minnetonka, Lot 22 (hereafter "property" ) ; and Whereas, the applicant has applied to the City for variances to municipal zoning code sections 10. 24 Subdiv 5 (B) and 10. 03 Subdiv 5(F) to permit the construction of a 22 ' x 26 ' detached garage 22 feet from the front/street property line instead of the required 35 feet and ' 2. 8 feet from the interior side lot line instead of the required 10 feet and to section 10 . 22 Subdiv 2 to allow a 3 .8� increase of hardcover over the existing 2,540 square feet of hardcover already 12� over the allowed 1,720 square feet or 25g of hardcover within the 75 feet to 250 feet lakeshore setback area�. • Now, Therefore Be It Resolved by the City Council of Orono, � Minnesota: Findings l. This application was reviewed as zoning file no. 828 . � 2. The property is located in the LR-1B Single Family Lakeshore Residential zoning district. 3. The proposed improvements to the property shall be limited to a 3.8g increase in hardcover with total hardcover at 40. 8�. 4. The Orono Planning Commission reviewed this application on May 21, 1984, and recommended approval of the variances as amended based upon the following findings:� a) The proposed improvement, as amended, is consistent with . the pattern of neighborhood development. � b) The lot is 10 ' narrower at the street side of the property than at the lakeshore side. c) Application involves major improvements to the site and � removal of a non-conforming structure, � ,, � • � . cit� o� oR,o�o RESOLUTION OF THE CITY COUNCIL NO. 1648 • • - • • d) Substandard setbacks are improved with new garage location. •,e) To allow the continued use of the gravel parking area will prevent parallel parking on a restricted limited City � street. f) Topography limitations - severe sloping of property toward the lake. 6 . The City Council has considered this application including . the findings and recommendations of the Planning Commission, reports by City staf f, comments by the owner and other interested persons, and the effect of the proposed variances on the health, safety and welfare of the community. 7 . The City Council finds that the conditions existing on this • property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variances would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City. CONCLUSIONS, ORDER AND CONDITIONS • Based upon the above findings, the Orono City Council hereby grants variances to Sections 10. 24 and 10.22 and 10.03 to permit the construction of a 22' x 26 ' detached garage 22 ' off the street right of way instead of the required 35 feet and 2.8 feet from the interior lot line instead of the required 10 feet and to allow an increase of 3.8$ . hardcover at a total of 2,810 sf over the existing 2,540 sf of hardcover at 12$ over the allowed 1,720 sf or 25� of hardcover within the 75 feet to 250 feet� lakeshore setback area subject to the following conditions: l. Plumbing improvements are not permitted for the detached garage. Demolition permit must be obtained prior to .removal of existing detached garage. • 2. Applicant may retain 18 ' x 20 ' of gravelled parking area to west of newly constructed detached garage. The remaining gravel area must be removed a�d suitable gound cover installed prior to final inspection by Building Inspector. , . �-. .r. �t ., • � C�t� o� ORONO . RESOLUTION OF THE CITY COUNCIL . � NO. 1648 • � • • No other variances are granted or permitted for this structure. . 4 . Applicant is placed on notice that the current improvements proposed for the property will result in a total of approximately 2,810 sf of �hardcover and"that any future improvements proposed for the property that involve additional hardcover must be matched by removal of either equal or greater amounts of existing hardcover. � 5. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of . Council approval, or this variance will expire on that date (June � 11, 1985 ) . 6. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted � herein, and shall be punishable as a misdemeanor. 7. The undersigned owner hasread, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of June, 1984. ATTEST: CITY OF' ORONO ! d//•-C2/��-rf1,-c� �/ City Clerk Mayor (1) "_' ropert Owner(s ) (2) Property Owner(s ) • (3) Property Owner(s ) F �; . . �, C�t� o� ORONO , • � . RESOLUTION OF THE CITY COUNCIL • NO. 1648 • � � • • • STATE OF MINNESOTA ) • ) sso , COUNTY OF HENNEPI?� ) On this _� �__ day of �-�� _� 1984 , before me a Notary Pub ic within a d f�said Count , ersonall a eared � �_.� w.����Li�-r��_��,� O p kn wn topme to be th�erson (s) described in and who executed the foregoing instrument , and acknowledged that he (they) executed the same as his ' (their) free act and deed . � :. _����%�.�%r-�-c-��� � -�� NOTARY PUBLIC �""'"� ALBER7'� VI. STROM ' „•�• NOTARY r,:C;�r_MINNESOTA ' HEfVNE�'�:. CpUNTY '�`• My commissic9. „xplrea J-27,87 � i�����/�� � �� • MY COMMISSION EXPIRES STATE OF MINNESnTA ) ' ) ss . _ _ COUNTY OF HENNEPIN ) On this day of , 1984 , before me a Notary � . Public within and for said County, personally appeared known to me to � be the person (s) described in and who executed the foregoing • � � instrument, and acknowledged that he (they) executed the same as his • (their) free act� and deed . • . � . 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